more traffic coming up. good morning. it's wednesday, january 23rd. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. time now 6:01. the bill bratton debate in oakland ended about four hours ago. the so-called super cop is going to be a consultant for the oakland police department and cbs 5 reporter anne makovec is in our newsroom with details on the debate that took half the night. anne. >> reporter: good morning. there were so many people that wanted to speak about this, the meeting lasted about 9 hours. finally the city council approved the contract with bill bratton by a vote of 7-1 including a provision that says whatever policies come from the consulting will not permit any racial profiling. bill bratton is the former police chief of l.a. and new york now charged with advising the oakland pd on the short-term crime-fighting strategy and community safety plan. the council approved spending $250,000 to hire him. protestors say he is over agressing including "stop &

frisk" measures in which people can be stopped and searched i an officer deems them suspicious. >> i'm mortified if this council says it rejects "stop & frisk," gang injunctions and racial profiling and would continue to pursue hiring william bratton. >> if we can get more efficiency and a better crime prevention strategy and help with making progress on the negotiated settlement agreement with may be worth it because the monitoring cost is about a million dollars a year. and we would like to be done with it. >> reporter: in addition to the bratton contract the city council unanimously approved three other policing measures. they have entered into a temporary agreement with the alameda county sheriff's department to help patrol oakland streets two days a week. they are also going to hire 20 police technicians and a new police academy class is set for this year to train more officers. now, these votes come as

oakland is dealing with a rise in crime including 131 murders last year and there's some hope that these new measures may make a dent in those numbers. live in the newsroom, anne makovec, cbs 5. new this morning a couple of ole christmas trees are to -- old christmas trees are to blame for a fire at an apartment building in san francisco. it was reported around 2:45 on oakland near oakstreet and octavia. nobody was hurt. police will release more information on an armed robbery in palo alto on ramona street around 9 p.m. details are scarce. police haven't said anything about the suspect, victim, what was stolen or the weapon used. they are asking anyone with information tow contact them. in other headlines around the bay, bart police have identified the man shot and killed at the bay fair station

in san leandro on saturday. 50-year-old kenneth seats of fremont died from his injuries. a second person was shot. that person is expected to survive. one arrest has been made in the shooting. investigators are looking for more suspects. finding the suspects in a violent takeover style home invasion robbery in san jose is a top priority for san jose police. three or four men burst into the almaden valley home on monday night, tied up the couple in their 70s and ransacked the home and stole two cars. we are going to switch gears and talk weather and traffic. big changes coming. >> it's normal to get a nice dry spell in the mill of winter, but things -- in the middle of winter but things are changing. it's back to wintry weather. chance of showers in the forecast, clouds rolling back onshore not much in the way of rain just yet but that may change of our cbs 5 high-def doppler radar has been tracking that storm system off the coastline not the biggest one we have ever seen but it will be the most in the amount of

rain we have seen in quite some time. we have a chance of more scattered showers on and off especially in the afternoon. we'll wait for the core of the low to move onshore this afternoon and that will bring with it a better chance of rainfall. outside less cold weather. yesterday in the 40s and 50s, yesterday freezing temperatures in the valleys. cool highs in the 50s and 60s, chance of rain on the way, as well. we'll talk about that coming up. let's check the roads with elizabeth. >> things are getting busier out there but yeah, 5:00 hour as far as incidents was quiet so things look like they are moving at the limit if you are traveling 101 in either direction. this is near university and palo alto and you can see that everything is good across that stretch of freeway. elsewhere to our other maps and live traffic cameras. towards the dublin interchange i just checked the drive time. it's up to 20 minutes now between the altamont pass and the dublin interchange in the westbound lanes of 580 so we have brake lights if you are traveling through livermore, approaching vasco and then

closer towards the dublin interchange. obviously starting to get busy. to our maps now, bart still dealing with these five- to ten- minute delays at the lake merritt station in the fremont and dublin-pleasanton directions. otherwise highway 4 a lot of brake lights through antioch. but then once you get past those antioch exits then you're cruising along to concord. there is a look at your drive time through the altamont pass. it's 21 minutes now between the altamont pass and 680. south bay check, no delay. your drive time sensors still showing top speeds including 101, 280 and the guatemala. that's traffic. back to you guys. >> thank you. classes will resume today at a community college down in texas. three people are recovering from a shooting at the lone star college near houston yesterday. witnesses say two men were arguing in a courtyard outside a live bay area. one man pulled a gun and shot the other.

that sent everyone around them diving for cover. the target of the shooting is in critical condition. two other people suffered lesser injuries including the suspected gunman, who accidentally shot himself in the leg. right now, secretary of state hillary clinton is preparing to testify about the terrorist attack on the u.s. consulate in benghazi, libya. these are live pictures now inside the hearing. hillary clinton is there at this moment and this comes four months after the attack that killed u.s. ambassador chris stevens and three others. clinton was scheduled to appear last month but health problems prevented her appearance. supporters of the proposition 8 ban on same-sex marriage in california say it's a state's rights issue. they say voters in our state have already said marriage is only between one man and one woman. their appeal is in a brief they submitted to the united states supreme court yesterday. the court is expected to rule by the end of june on whether a lower court's rejection of prop 8 will stand.

singer beyonce is getting all sorts of attention for her performance of the national anthem at the inauguration for the lack of her live performance. ♪ [ music ]♪ s. >> well, it sounds beautiful except a spokeswoman for the marine corps band said yesterday the singer used a prerecorded voice track instead of singing live. no word from camp beyonce just yet. but you can bet all eyes will be on her as she performs at the super bowl. just a couple of questions to her. >> perhaps that week. now beyonce isn't the only reason people will be tuning into the super bowl. others will be watching the 49ers win we hope so while others will be watching the multimillion-dollar commercials. cbs 5 reporter cate caugiran with more on how the super bowl ads are going beyond the game to get your attention. she joins us with more. good morning. >> good morning. i actually know a few people

who like to record these commercials but it doesn't look like they will have to because some of these ads are already out. coca-cola gave viewers a preview of its ad on its website and this ad is also asking you to decide how the commercial will end on game day. mercedes-benz just released this ad on its facebook page yesterday. the luxury car company is trying to build buzz on its facebook page. the ad now has dozens of comments on this suggestive commercial. and that is what it's about this year. experts say it's about a social media extravaganza and companies are hyping its products before they hit super bowl air time. experts say the strategy can score some big points. >> buzz before the game and buzz after the game means that that spot of yours won't just be seen during the game. so it turns into having a life of its own and because you're on the super bowl you have a

chance to be talked about in a way that you don't if you are advertising somewhere else. >> reporter: not to mention companies are able to generate more viewers without those super bowl costs because ads featured on the company's website are free. and that's unlike the ads that are being sold, sold out two weeks ago, selling for $4 million for 30 seconds. reporting live in san francisco, cate caugiran, cbs 5. more waterfront seating will be available for the upcoming america's cup in san francisco. race officials announced a temporary 9,000 seat venue at piers 27 through 29. the location will host concerts and other shows as well as race activities. construction is set to begin this spring with the first event scheduled for mid-may. the bay area's 415 area code is running out of numbers. soon a new area will be introduced. the new 628 would cover marin, san francisco and san mateo

counties. san francisco merchants are worried that the change in area code will remove them from the 415 brand identity. the small business existing is proposing that the new area code be introduced in marin and new numbers in the peninsula adopt the 650 area code. >> thank you. y topic. >> you get possessive. >> touchy topic. a permanent way to show the ninest spirit. the special tattoo deal. there's a catch. a rare chance to see an artist at work. a sneak peek of the bay bridge's light show. >> and an uncoordinated elk tries to dodge traffic on a slippery highway and it's all caught on tape. we have it for you coming up. you can't move the tv there. yuh-huh. we have the wireless receiver. listen.

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[ telephone rings ] good evening this is flo. [laughs] yes, i'm that flo. aren't you sweet! licensed phone-ups available 24/7. call 1-800-progr dodging traffic one of moscow's busiest highways as commuters drove to work. drivers were startled to see

the anim an elk captured on film in moscow as commuters were driving to work. it was galloping and sliding in fronted of cars on a slippery road. it got back up on its feet and continued to gallop along with traffic in the slow lane and there it is. the elk is said to have survived. >> poor little guy. >> he made it. the hunt is on in the east bay for thieves who drove off with $200,000 worth of cars. >> a dozen luxury cars were stolen from this used car lot in hayward tuesday morning. mercedes, jaguars, bmws, one of the cars was recovered nearby. the suspects apparently ditched it when it ran out of gas. three of the four surveillance cameras were working and caught them in the act. >> about four or five kids young guys, showed them kicking doors running on my lots with

random keys checking cars. >> the owner says the damage is at least $200,000. and to make matters worse, the thieves took all the keys so now he can't move or sell the cars. >> oh, wow. >> he does have. >> problem. >> too bad. well, if you are up as early as we are, you might get a sneak preview of a new bay area artwork this week. they are testing the new light show on the bay bridge. here's what it looked like at 4 a.m. they are putting 25,000 l.e.d. lights on the bridge cables. the computer controlled light show starts in march and will mark a couple of years to mark the bridge's 75th anniversary. >> you don't get the effect when you're on the bridge but then away from the bridge or on the embarcadero it looks cool. >> quite a show. traffic-wise, how are we looking, liz? >> it's a good thing you can't see it from the bridge. it never impacted for commuters on the san francisco side of the span. but we have delays now. this is a live look at the bay bridge toll plaza.

they turned on the metering lights at 6:05 this morning, so we're stacking up towards the 880 overcrossing probably 15 minutes to get on the bay bridge. and yeah, folks, the light show unfortunately is over for now. on the maps, we are watching a stall on northbound 880 approaching the market street exit. so it's blocking one lane. we are not seeing major delays past the coliseum but there may be some slight delays again approaching market street. so far, so good though in the southbound lanes if you are heading towards oakland airport and the coliseum. elsewhere, also getting word of what sounds like a dead animal across the span of the golden gate bridge. about midspan blocking one lane. so some slight delays reported actually not on this side. this is traffic heading towards doyle drive coming into san francisco. so a little farther north. that's when you may find a little bit of a delay there crossing the span of the golden gate bridge but they're working to clear it. a live look at our travel times and your mass transit information. bart is now back on time. they were dealing with about 10- minute delays at the lake

merritt station. that is now cleared. they fixed that earlier equipment problem. muni, caltrain and ace no delays. traffic cameras westbound 237, so far free and clear leaving 880 towards zanker drive. looks good towards sunnyvale and westbound 4 sluggish in the westbound lanes. some speeds under 25 miles per hour through antioch. that's a check of your "timesaver traffic." lawrence is bringing out his hi- def doppler once again. >> isn't that nice? haven't been able to do that in quite a while but looks like showers beginning to show up around the bay area just some light stuff so far but our cbs 5 high-def doppler radar is tracking the storm system finally breaking through after day after day of dry weather but yeah, things are changing now. in fact, let's take you in for a closer look. you can see some light scattered showers beginning to show up in parts of the north bay along the 101. don't be surprised if you have to use the windshield wiper just a bit this morning but i think a better chance especially toward the afternoon that's when the core of the low will get closer.

outside mostly cloudy skies. the good news is temperatures not as cold this morning no freezing numbers around the bay area. 40s and 50s at this hour. high pressure finally sliding eastward and that means we are going to see the jet stream dipping into the bay area and that's going to open up that storm door. nothing big heading our way just yet but a little unsettled into the weekend, as well. today cloudy with some showers with some possible delays at sfo. i think if you are traveling across the country, you will find some mild conditions into houston to 72. 68 in denver but bitter cold some of the coldest temperatures in years into chicago and new york temperatures in the 20s. showers in the afternoon, the rain should pick up around the bay area on and off and continue possibly into tomorrow morning. highs today in the 50s and low 60s. the next couple of days, maybe a leftover shower tomorrow morning and we dry things out. friday and saturday look dry but yeah, we could see some showers and some much cooler temperatures the latter part of the weekend. >> the first part of the storm

system is so warm buy think this weekend we could see more snow in the sierra. >> we need it. >> thank you. a guy in vallejo has made his love for the 9ers permanent. with a 49er tattoo. the die-hard fan had a tattoo artist put the team logo on his leg and says he is doing it for his team. >> i'm always going to be a 49er until death. i'm just looking forward to a lot of good things to come. >> why not? if you happen to be thinking about commemorating the 9ers for life, allied ink is offering a special the day before the game, $49 for a 49ers tattoo. >> better make sure it's good. this is a good story for you while you're in new orleans. reporter involvement? >> go get a tattoo? >> honey, i came back with this great tattoo. >> i don't know if my husband would like that very much. >> didn't you grow up in

denver? [ laughter ] the teenager who beat serena williams. >> and the sharks strong from the beginning. the franchise record they tied on the road. coming up. and here's alex and aviana from san leandro who are definitely showing off their 49er pride in style. keep sending your fan photos to news@kpix.com or cbssf.com. stay with us.

the sh 's we have the san jose sharks for our play of the day, six plays. the sharks foiled edmonton's home opener by scores six goals in the first period.

dan boyle first, couture, marlowe scored twice in a row. couture with another goal and put-back and sharks beat the oilers 6-3. people are talking about a big upset at the aussie open, as well. >> yesterday, serena williams lost to 19-year-old sloane stephens also an american. williams hurt her back in the 8th game of the second set. this is her first loss since august 17 ending a run of 20 wins. stephens is now headed to the semifinals of the australian open. the covers of "sports illustrated" special edition set to hit newsstands next week. it captures all the drama of super bowl xlvii perfectly. >> a little bit of both. there will be four covers to take a look. one features of course the brothers harbaugh jim and john. another has 9ers runningback frank gore and ravens emotional leader linebacker ray lewis also on a cover. and finally ravens quarterback joe flacco will get his own

front page so folks on the east coast can gobble him up and we will, as well. we are sending a too much reporters to cover super bowl xlvii in new orleans. i will be there along with sports director dennis o'donnell, vern glenn, and mike sugerman. should be a good time. 6:26 right now. coming up, the man behind the voice of charlie brown and his connection to a bizarre stalking case. >> and a new push to fight crime in the east bay. the late-night vote to add a super cop to oakland's police force. >> super bowl is about the game and the ads. the new tactics they are using to reel you in. >> and finally the storm clouds rolling back in. showers not far behind. we'll talk about that coming up next.

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what he's doing elsewhere it may have worked doesn't mean it's going to work here. >> hundreds line up to weigh in on oakland's super cop consultant. >> that super cop a police consultant comes with quite a hefty price tag. >> we know what "stop & frisk" really means. it's racial profiling. >> paradise. >> a bay area neighborhood looks to surgery to control its deer population. >> this is a problem that has been exploding in the past year. it's gotten to the point where they have to do something about it. >> secretary of state hillary clinton will make a long- awaited appearance before congress to testify about the terrorist attack on the u.s. consulate in benghazi, libya. ♪ [ music ]♪ >> beyonce's national anthem controversy. was it live or lip sync? >> a new strategy for super bowl ads. >> buzz before the game and

buzz after the game means that that spot of yours won't just be seen during the game. >> from across the bay to around the world, the stories that matter on "eyewitness news this morning" >> your realtime captioner: linda marie macdonald captions by: caption colorado comments@captioncolorado.com good morning, it's wednesday, january 23rd. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. it is 6:31 now. and new this morning, oakland is now hiring a controversial crime fighter to help its troubled police department. >> bill bratton will become its consultant. cbs 5 reporter anne makovec is in the newsroom with a controversial vote that came very early this morning. >> reporter: it was made official just after 2 a.m. the city council in oakland approved a contract with bill bratton by a vote of 7-1. it includes a provision that no racial profiling will be permitted. but some people in the audience don't believe it. >> what he's doing elsewhere it may have worked doesn't mean it's going to work here. and if that's the case, then go

next door to richmond! >> activists oppose bill bratton. protestors say he is over aggressive including "stop & frisk" when people can be stopped and searched if an officer deems them suspicious. >> we know what "stop & frisk" means it's really racial profiling. and any young person who fits the profile is going to be subject to being harassed. >> for a city that's very polarized on this issues, it can't stay black and white like that. not every police officer is an angel but not every police officer is corrupt, either. >> reporter: the price tag for bratton, $250,000 for consulting services. he is a former police chief of new york and l.a. now charged with advising the opd. but oakland as police officer, howard jordan, says no discussion of using "stop &

frisk" has been had and he does not support it. the city council also approved three other policing strategies including hiring alameda county sheriff's deputies to patrol oakland streets and a new police academy class to train more officers. live in the newsroom, anne makovec, cbs 5. five men are in custody after monday's shooting of an oakland police officer. the undercover cop was on a stakeout in east oakland when a group of men approached his car and shot him in the arm. officers seized several guns during the manhunt for the suspects. two of them are known gang members. it is 6:33. new this morning a couple of old christmas trees are to blame for a fire at an apartment building here in san francisco. the fire was reported at 2 a.m. on oak street near octavia. the fire spread on the wall on the building. fire was put out in an hour. nobody was injured. police are expected to release more information today on an armed robbery in downtown

palo alto on ramona street around 9 p.m. last night. there aren't many details. police haven't said anything about the suspect, victim, what was stolen or the weapon used but they are asking anyone with information to contact them. a south bay community is turning to surgery to solve a deer problem. the bucks, does and fawns have taken over the villages in san jose. the deer population has been doubling every year. there are now about 170 of them in the villages. the year round greenery at the golf course is a feasting ground for the deer. management says the deer caused car crashes, injured dogs and done $150,000 in damage to landscaping every year. so starting this weekends, workers will tranquilize the does and spay them. >> i think it's creative and

worth a try. unless the sense of integrity is kept in check, i think it will help but i don't think it's a real long-term solution. >> in addition, some deer might be moved to the hills around the south bay. oakland is moving forward with new plans for a dog park at lake merritt. the city is now proposing a half acre of snow park at 19th and harrison streets. originally the dog park was planned for lakeshore and macarthur. neighbors weren't happy with those plans. a public hearing for the new location is monday. it's 6:35. it's time to pay the piper because we have had a couple of weeks of glorious weather. >> back to wintry weather and we are beginning to see more showers showing up most of those in the north bay. but you can see that our high- def doppler radar is picking up on it. a better chance of rain toward the afternoon. not going to be heavy rain.

don't get me wrong. but scattered showers on and off as we head in toward the afternoon especially until the core of the low moves closer to the coastline this afternoon. so the rain will be likely picking up and temperatures coming down across the board. this morning because of the cloud cover the temperatures are up. no freezing temperatures out there this morning, 40s and 50s right now. afternoon promises a few 50s and low 60s. a chance of showers today and then a chance of more showers on the way. we'll tell you when coming up. our photographer in palo alto showing you light traffic conditions on 101 near university coming into palo alto. now, an accident southbound 280 approaching el monte. not seeing any major delays across the stretch but delight backups northbound 85 approaching saratoga avenue in

saratoga and we are seeing delays approaching the scene. past saratoga, then everything improves. out towards the east bay now coming down the eastshore freeway, westbound 80 approaching university avenue, accident there blocking one of the far lanes. traffic is stacking up into richmond. mass transit no delays. bart had earlier problems that are resolved. everything is on schedule for bart, ace, muni, caltrain and ferries. back to you. >> thank you. secretary of state hillary clinton is testifying right now about the terrorist attack on the u.s. consulate in benghazi, libya. these are live pictures inside the hearing. this comes four months after the attack that killed u.s. ambassador chris stevens and three others. clinton was skidded to appear last -- scheduled to appear last month but held problems prevented her from attending the man who was the voice of the charlie brown character is accused of stalking and making death threats. peter robbins was arrested as he tried to cross from mexico into the u.s. on sunday. he is being held in san

francisco. the 56-year-old is expected in court today. he voiced the charlie brown character in the 1960s tv specials a charlie brown christmas and it's a great pumpkin, charlie brown. both manti te'o and the woman who is said to be his online girlfriend is speaking out. the woman said' friend used her image to fabricate the relationship. he was led to believe she died of cancer. diane o'meara says the perpetrator confessed and apologized. te'o is expected to he will it his side of the story to katie couric today. allegations against michael crabtree appear to have some holes. a woman is accusing him of assaulting her after the 9ers defeated the packers. phil matier reports investigators say there were two other women present at the "w" hotel at the time in question. those witnesses say crabtree

didn't assault anyone. the 49ers are sure to be the highlight of super bowl xlvii, as well as ads. we all love those multi-million dollar ads. cbs 5 reporter cate caugiran with more on how the ads hope to get your attention. >> reporter: they are trying something new. the commercial are out and you don't have to wait to see them. you can decide how they end before the big game. you can see coca-cola's ad is already up on its website. the company is letting you watch and tell them how this commercial should end on game day. ♪ [ music ]♪ mercedes already leaked this ad on its facebook page yet. the controversial ad has some

hype with dozens of comments about the suggestive commercial. this is the plan at about $4 million for a 30-second ad the strategy is to push the social media to build buzz about the products before kickoff. in addition, companies say they are trying to have a conversation with consumers and give them incentive to take that sneak peek. >> it's not branding. i think there's more contests, a little bit. some of them are offering prizes if you watch the game, you have a chance if you see the ad to win. >> experts say this pays off and seeing the commercial before the big game can score some big points. not to mention companies using this incentive getting a little extra ad time without having to pay that super bowl air time price. reporting live in san francisco, cate caugiran, cbs 5. >> thank you. >> very clever. >> i worked at go daddy.com five or six years ago. no one knew them, now we all do. big travel plans on tap for

super bowl plans. how much they will pay to see the game in person. >> a costly ruling against a grocery store chain with stores in the bay area. how "fresh & easy" is accused of misleading its customers. >> let's get a quick look at the early numbers. coming up we'll get an update from kcbs radio's financial reporter jason brooks.

and after 7 hours...more than 170 firefighters put out the five- alarm fire. the heat could a fire engulfed a warehouse in chicago. 170 firefighters put out the five-alarm fire. it's so cold in the greater chicago area the water crews

are spraying on the structure was freezing when it hit the structure. one firefighter was taken to the hospital with a back injury. strong winds and below freezing conditions created mountains of ice on wisconsin's lake winnebago. the lake extended past its banks as ice pushed several feet on property along the shore. one homeowner says the ice crashed through his pier on to his deck saying the ice caused more than $15,000 in damage. >> it's one of the coldest outbreaks back east as they are seeing unbelievable low temperatures. but not today here. we have clouds and a chance of return to some raindrops. we are seeing that on our cbs 5 high-def doppler radar. most of that is off the coastline. i think it will slowly make its way onshore toward the afternoon. light showers hitting the

ground but not much. still, we have cloudy skies, temperatures not as cold, no freezing temperatures early on this morning. 50 degrees right now in san francisco. 48 in san jose. and 46 degrees in santa rosa. finally high pressure that's been stubborn on the west coast the better part of the last couple of weeks is sliding eastward. behind that, that cold front is starting to swing in and the jet stream is dropping so a chance of rain making a return for today. heading out of sfo some possible delays with cloud cover and showers for today around the country talking about some of the cold temperatures. you will find those along the eastern half of the u.s. some 23 degrees and snow in chicago. 20 degrees in new york and some snow. 60s and 70s into denver and also houston. computer models showing you this slow-moving system working its way through and scattered showers. nothing real heavy maybe about a tenth, quarter inch of rain in the heaviest spots into the santa cruz mountains maybe a couple of leftover showers tomorrow morning. that's about it. temperatures in the 50s and the low 60s for highs today. i think the most important thing from this system chance

of showers today opens the door now to some unsettled weather here as we head in toward tomorrow morning. i think a break on friday but a colder system drops in come saturday and sunday with a chance of a few more showers. let's check the roads now with elizabeth. >> back out towards the bay bridge they turned on the metering lights just after 6:00 this morning. so pretty typical stuff and it's kind of your usual commute right now getting into san francisco. unlike yesterday, we have not seen any stalls. we have not seen any accidents. so right now it is backing up towards the foot of the maze 15 to 20 minutes to get you on the bay bridge span. but there is pretty slow crawl up that incline section. there are a couple of accidents we're watching now including in actually los gatos. they did a slight location change on this accident. northbound 85 approaching bascomb so it's slow on 85 and stretches of the guadalupe parkway. you'll notice in the northbound lanes of 87 it's a little jammed up. elsewhere towards the east bay, a problem spot one lane blocked

in berkeley westbound 80 approaching university avenue. and look at our drive time sensors. they are stacking up towards richmond so the drive time is almost a half hour now from the carquinez bridge to the maze. one more check of traffic coming up including the san mateo bridge. back to you guys. online advertisers helped the silicon valley giant finish 2012 with the strong earnings report. and google's stock went up. here to chat about that, kcbs radio's financial reporter jason brooks. big earnings coming in this morning and after yesterday's closing bell including google. investors seemed to like it. google was up to $2.9 billion for profits, revenue up 36% to $14.4 billion. there are some issues with its mobile advertising but overall investors happy with the numbers. google shares now are up 6% in early trading. apple reports its earnings after the closing bell today.

a lot of anticipation. analysts are all over with expectations anywhere from a 14% drop to 12% increase in profits. apple lost about $200 billion in market value since september as its shares have traded down considerably. a lot of concern over how many iphone 5s it sold compared to older models that would bring in less profits. berkeley-based annie's is dealing with a frozen pizza recall this morning. it's recalling its rising crust frozen pizza because of potential metal mesh fragments that got in there because of a faulty screen at a third party flour mill. their shares are falling on that report. the market, dow is up 58, nasdaq up 10, s&p down a fraction, annie's shares lower by 4.5% on that pizza recall.

back to you. >> thank you, kcbs radio's financial reporter jason brooks. "fresh & easy" is paying out for overcharging. a san diego judge ordered it to pay more than $800,000 in fines and costs all stemming from a lawsuit. "fresh & easy" must also offer a give free program if it's caught overcharging for items under $3. "fresh & easy" has 19 bay area locations. time for a look at what's coming up on "cbs this morning." norah o'donnell joins us now from new york. good morning. >> reporter: good morning. ahead, controversial cameras that see and hear everything. the new ways you're being listened to on mass transit and in other public places. plus we go inside the mavericks to see the technology that's changing this world famous surfing event. and the stir over lip syncing. we'll be talking about beyonce this morning. have you guys been talking about that? we'll see you at 7. >> we have. and we're like, what's the big deal? she still looks beautiful and

she sounded great, too. >> yeah. she looks good. >> that's what we said. >> i guess they do that in cold weather. so i don't know. we'll see what comes out of it. >> yeah. yo-yo ma did it four years ago. and we have an interesting piece where chip reid shows you how easy it is to do some of the lip syncing. >> okay. all right. we'll have to watch that. norah, thank you so much. >> thank you, norah. can bashing your boss online ever be okay? the answer is yes. but with some limits. labor regulators now say the same freedoms that workers have to criticize their boss or company at the water cooler also extend to social media like twitter and facebook. >> it may not be flattering for an employee to say, gosh, there are unsafe working conditions here. i'm worried about this, the safety of myself and my fellow coworkers. that casts the company in a bad light but that's also protected speech. >> but the national labor relations board warns that discussing company trade secrets publicly or belittling

coworkers could be a firing offense because that type of speech is not aimed at improving wages or working conditions. so when in doubt, just don't do it. >> don't do it. some palo alto students got the thrill of their lives at the white house. >> talk about a treat. they were touring the west wing, the students were greeted by none other than the commander-in-chief at the white house. first lady michelle obama and the first dog bo joined the president in welcoming the students yesterday. each one got to shake hands and say hello to the president and mrs. obama. the students are from the midpeninsula community media center and here they are. the group actually missed their flight back home because of the surprise visit from the obamas but that's a photo and an opportunity, once in a lifetime. if you are one of the 10,000 flying out to super bowl xlvii be prepared to pay a pretty penny. flights departing from major metro hubs to new orleans are

going for anywhere between $1,200 and $2,000 roundtrip. and that's not compared to hefty hotel room prices. every hotel in new orleans is booked. and online resellers are offering rooms for up to $12,000. >> hello. >> $12,000 for those scrambling to get last-minute flights, southwest is adding two nonstop flights from sfo to the big easy and we are sending a team of reporters to cover super bowl xlvii in new orleans. i will be there along with sports director dennis o'donnell, vern glenn and mike sugerman. >> a lot of people are going to alabama, mississippi, some as far away as pensacola, florida, renting a car and drive over. not a cheap ride. 6:53. a long night inside the oakland city council chambers. >> the crime-fighting measures before city leaders including a controversial super cop.

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[ telephone rings ] good evening this is flo. [laughs] yes, i'm that flo.

aren't you sweet! licensed phone-ups available 24/7. call 1-800-progressive. the city one last night t bill bratton is now on his way to help the oakland police as a high-priced consultant. city council voted 7-1 last night to hire the so-called super cop and other police experts. many people argued against the move because of his support of "stop & frisk." city leaders say that practice won'ting allowed in oakland. a couple of old christmas trees started a fire at an apartment building in san francisco overnight on oak street. flames spread along an outside wall of the building. the fire was put out within an hour. nobody was hurt. secretary of state hillary clinton is on the hot seat now answering questions about the terrorist attack at the u.s.

consulate in benghazi, libya. these are live pictures right now. the attack killed u.s. ambassador chris stevens and bay area native christopher stevens and three others. clinton says she is committed to improving security at u.s. diplomatic missions worldwide. this may be her last appearance on capitol hill as she is resigning. it's 6:58. let's check traffic and weather. >> it's not a bad idea to get rid of christmas trees now. clouds rolling back in. showers showing up especially in the north bay light showers so far but i think things will be picking up later on this morning into the afternoon. highs today will only be in the 50s and the low 60s. we'll see the first showers we have seen in quite some time. that will open the door. showers tomorrow morning and over the weekend. >> slow spots down the

eastshore freeway, the accident westbound 80 approaching gilman street. but that accident is cleared to the right shoulder. now we still have some brake lights though. brake lights to berkeley. san mateo bridge traffic looks good. >> thank you. we are checking out some more photos from 49ers fans. looks like the harbaugh brothers aren't the only sibling rivalry in the super bowl. this picture came with one subject line reading die-hard fans. >> you can upload them to cbssf.com or news@kpix.com. >> there we go. >> have a great day. captions by: caption colorado comments@captioncolorado.com

good morning to our viewers in the west. it is wednesday, january 23rd, 2013. welcome to "cbs this morning." the arctic cold wave turned deadly. tens of millions are shivering from the midwest to the east and the south is next. secretary state clinton finally faces her capitol hill critics four months after the benghazi attack. surveillance cameras on buses can now listen to your every word. is that okay. and the latest on the beyonce lipgate. >> but we begin this morning with today's "eye opener," your world in 90 seconds. >> it's really cold. it's really, really cold. >> it's like needles sticking in your face. >> do you want to stay out there? >> an arctic blast plunges half the country into a deep freeze. >> at least four deaths blamed on the cold. >> windchill advisories have been blamed for 15 states. >> several inches of snow is expected from the midwest to the northeast.